Based on the 2010 case of a Vietnamese marriage migrant woman who was accused of abducting her child, this paper explores the implementation of The Hague Convention to which South Korea is a state party. The case highlights the role of women in the care of children and how international law treats family care in the raising of children. This paper concludes that Korea should take legislative and administrative measures to tackle the problem of international child abduction. It also highlights the need to work with the home countries of the foreign spouses of Korean nationals to resolve international child abduction cases. Furthermore, it maintains that The Hague Convention needs to reflect on the reproductive rights of women and how such rights can be duly considered in the Convention.
ChoiHS (2001) The Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (1996). Inha University Law Review4: 23–67. In Korean.
2.
England v. England (2000) 234 F.3d 272.
3.
HwangJM (2012) Positioning migrant mothers in a multicultural society: Realities, discourse, and new perspective in Korea. Journal of Asian Women51(2): 103–142. In Korean.
4.
KwakMH (2015) International parental child abduction by marriage migrant women and application of the Hague Convention on the Civil Aspects of International Child Abduction. Gachon Law Review8(4): 319–360. In Korean.
5.
KimHM (2010) The process of ‘home-making’ by women marriage migrants as cultural translators in South Korea. Comparative Korean Studies18(3): 145–174. In Korean.
6.
KimMK (2011) The current status and the perspectives of the Hague International Child Abduction Convention—focusing on the discussion in the Fifth Special Commission. Pusan National University Law Review52(3): 219–244. In Korean.
KwonJM (2011) A study on the bill in order to implement the provisions of the Hague Convention on the Civil Aspects of International Child Abduction. Yonsei University Law Review21(4): 1–34. In Korean.
9.
LeeBH (2004) A study on the possibility of domestic implementation of the Hague Convention on International Child Abduction. Justice79: 149–172. In Korean.
10.
LeeBH (2006) Conventions under Hague Conference on Private International Law in Family Law: In special regard of child protection. Private International Law Studies12: 152–197. In Korean.
11.
LeeHS (2012) A study of the reproductive rights of the marriage migrant women in Korea: Understanding of legal principles of the reproductive rights from the perspective of human rights. Studies on the American Constitution23(1): 205–234. In Korean.
12.
Lee KM (2013) Court favoring a child choice rather than a custodial right. The Hankyoreh, 11 February [In Korean].
LimCW (2009) A study on the introduction into Korea of the Convention of 25 October 1980 on the Civil Aspects of International Child Abduction. Hongik Law Journal10(1): 349–380. In Korean.
SukKH (2014) Korea's accession to the Hague Child Abduction Convention. Family Law Quarterly48(2): 267–282.
20.
S v. S (1992) 2 FLR 492.
21.
The Hague Conference on Private International Law (HCCH) (2008) A statistical analysis of applications made in 2008 under the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, 2007 update (Prel. Doc. No. 3, Part I). The Hague Conference on Private International Law (HCCH) (2015) Status Table: Convention of 25 October 1980 on the Civil Aspects of International Child Abduction. Available at: https://www.hcch.net/en/instruments/conventions/publications1/?dtid=32&cid=24.
22.
Wang GH (2012) A mom winning a lawsuit for child custody against her American husband in the Oklahoma Supreme Court. Yonhap News, 17 December.
